How One Justice Wound Up Speaking for Seven

Summary


THERE ARE seven seats on the state Supreme Court. Four votes are normally required to issue a binding opinion and order action. The ruling of the court last week on public school funding, mandating a half-billion-dollar increase in state aid for poor districts, was written by Justice Jaynee LaVecchia.

No other confirmed member of the court accepted her reasoning. Nevertheless, her opinion was adopted by a vote of three jurists to two.

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How One Justice Wound Up Speaking for Seven

How could this happen? The answer is complicated but enlightening.

First, the chief justice, Stuart Rabner, recused himself from the case, even though it was doubtless the most important the court will decide this year.

Why did he...

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